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Document 62013TA0656

    Case T-656/13: Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a smiley with heart-shaped eyes) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a smiley with heart-shaped eyes — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)

    OJ C 398, 30.11.2015, p. 38–38 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    30.11.2015   

    EN

    Official Journal of the European Union

    C 398/38


    Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a smiley with heart-shaped eyes)

    (Case T-656/13) (1)

    ((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a smiley with heart-shaped eyes - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

    (2015/C 398/48)

    Language of the case: English

    Parties

    Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag and C. Albrecht, lawyers)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and A. Folliard-Monguiral, acting as Agents)

    Re:

    Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 October 2013 (Case R 997/2013-4) concerning an application for registration as a Community trade mark of a three-dimensional sign comprising the shape of a smiley with heart-shaped eyes.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders The Smiley Company SPRL to pay the costs.


    (1)  OJ C 61, 1.3.2014.


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